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QURBAN SHAR versus STATE

Section 13 (d) and 14 testimonies of the testimony that was presented to the magistrate were charged, the prosecution examined two witnesses and the magistrate then recorded the accused's statement, as the accused The trial was pending before the sessions court, the magistrate sent to the court. The case was presented in the session, which did not proceed, but after hearing the arguments, based on the evidence recorded by the magistrate, the culprit was acquitted under an unknown order as Kalashnikov was recovered from the accused. , Then his case was core. The West Pakistan Arms Ordinance, Article 13 of 1965 and the magistrate had no jurisdiction to hear the case, the trial and proceedings of the magistrate-run court were unwarranted, under the circumstances, by the Sessions Court, the magistrate. Upon receipt of the case, the trial should have taken place. From the Case de novo charge stage, but did not, the Sessions Court committed a material illegal motion to rely on the circumstances. After the allegations, the evidence, and the statements of the accused by the magistrate deteriorated, it was necessary to send the case to the sessions court. The High Court observed that the accused had been in prison for almost 2 years, and had already heard the sentence. The trial court, if the case was sent to the trial court for a fresh trial in accordance with law, did not know when the case would be completed and if such procedure was adopted it would invalidate the process of law. Will be used. Under the circumstances, it was not possible to get a remand for this case, but release the accused best advocate from Khangah Sharif lawyer